Reasons urging amendts.

1. to prove fedts. friends to liberty

2. remove remaining inquietudes

3. bring in N. C. & R. Island.

4. to improve the Constitution

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Reasons for moderating the plan

1. No stop if door opend to theoretic amendts.

2. as likely to make worse as better till trial

3. insure passage by ⅔ of Congs. & ¾ of Sts.

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Objectns. of 3 kinds vs the Constn:

1. vs. the theory of its structure

2. vs. substance of its powers—elections & direct taxes

3. vs omission of guards in favr. of rights & libertys

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The last most urged & easiest obviated.

Read the amendments—

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They relate 1st. to private rights—

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Bill of Rights—useful—not essential—

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fallacy on both sides—especy as to English Decln. of Rts—

1. mere act of parlt.

2. no freedom of press—Conscience

Gl. Warrants—Habs. corpus

jury in Civil Causes—criml.

attainders—arms to Protestts.

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frequent parlts. cheif trust—

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freedom of press & of Conscience unknown to Magna Cha. & Pet: Rts

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Contents of Bills of Rhts—

1. assertion of primitive equality &c.

2. do. of rights exerted in formg. Govts.

3. natural rights, retained—as Speech, Con:

4. positive rights resultg—as trial by jury

5. Doctrinl. artics. as Depts. distinct—Electns free

6. moral precepts for the administrn. & natil. character—as justice—Œconomy—&c—

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Object of Bill of Rhts

To limit & qualify powr. by exceptg. from grant cases in wch. it shall not be exercised or exd. in a particular manner.

to guard	1. vs. Executive & in Engd. &c—
	2. Legislative as in Sts—
	3. the majority of people

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ought to point vs greatest danger which in Rep: is Prerogative of majority—

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Here proper, tho’ less nessary., than in small Repubs—

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Objectns. vs. Bill of Rhts.

1. in Elective Govt. all power in people
hence unnec[e]ssary & improper—this vs Sts—

2. In fedl. Govt. all not given retained—
Bill of powers—needs no bill of Rhts—

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Sweeping clause—Genl Warrants &c

3. St: Bills not repeald.—

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too uncertain

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Some Sts have not bills—others defect:—others—injurious—as Protestts.

4. dispar[a]ge other rights—or constructively enlarge—

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the first goes vs St: Bills—

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both guarded vs. by amendt.

5. Not effectl. vs Sts also—but some check

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Courts will aid—also Ex: also.

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Sts Legisls: watch

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Time sanctify—incorporate public Sentiment

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Bill of Rts ergo. proper—

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II increase of Reps. 2 for each H.

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III pay of Congs.

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IV Interdict to States as to Conscience—press—& Jury—

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this more necsy. to Sts. than Congs.

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V Check on appeals—& Common law—

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VI. partn. as to 3 Depts. & do. as to Genl. & St: Govts.

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